No. 10-10399 Non-Argument Calendar.

642 F.3d 1333 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Samuel Thamar JAMES, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 9, 2011.

Attorney(s) appearing for the Case

Walter Eugene Furr, III , Linda Julin McNamara , Jeffrey S. Miller , Christopher Francis Murray , Robert E. O'Neill , U.S. Attys., Tampa, FL, for Plaintiff-Appellee.

Craig L. Crawford , Donna Lee Elm , Fed. Pub. Defenders, Federal Public Defender's Office, Orlando, FL, A. Mauricio Hued , Fed. Pub. Def., Federal Public Defender's Office, Tampa, FL, for Defendant-Appellant.

Before WILSON, ANDERSON and BLACK, Circuit Judges.


Samuel Thamar James appeals his conviction and 262-month sentence for possession with intent to distribute less than five grams of cocaine, in violation of 21 U.S.C. § 841(b)(1)(C). James argues on appeal that the district court's instruction on reasonable doubt misled the jury and lowered the government's burden of proof by including a subjective standard of proof. Next, James argues that the district court did not comply with the 21 U.S.C. §...

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